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4 years ago my boyfriend and I bought a house. The mortgage

4 years ago my boyfriend...
4 years ago my boyfriend and I bought a house. The mortgage and the 2nd loan (equity Line) were put in his name only. I however was placed on the deed and avadavit only. Since then we have broken our engagement and he has stopped all mortgage payments. The bank is threatening to sue us both. What legal rights do I have since I was never financially responsible for the mortgage loan?
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Answered in 3 minutes by:
3/21/2011
Attorney & Mediator
Category: Legal
Satisfied Customers: 20,012
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What legal rights do I have since I was never financially responsible for the mortgage loan?

You are not legally responsible on the loan. However the bank can foreclose on the house to recover what is owed on the loan. The bank has a lien for the entire property if he defaults on the loan. The lawsuit generally means getting permission from the court to foreclose on the entire property. So you would lose ownership rights to the house but that does not mean you would be responsible on the loan since your name is XXXXX XXXXX those contracts.




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Customer reply replied 6 years ago

Why is my name on the lawsuit and how do I stop it? What documents can I send them proving I am not responsible?

Your name is XXXXX XXXXX lawsuit because your name appears on the deed to the house. They can't foreclose on the house if your name is XXXXX XXXXX deed. The loan document itself should be enough that you are not obligated on the loan. However you are still liable in terms of taking the house unless you remove your name from the deed.


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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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Customer reply replied 6 years ago
Can I quick claim and remove my name from the deed at this point or is it to late since they have already filed suit? If not, what do you suggest?
Since there is a lawsuit you will need to let them know you are willing to quick claim to remove you from the suit. Otherwise, you may have to wait before the court to get the court's permission to allow this. I don't see why the court should deny this since you are not on the loan only the deed.








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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.




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Why is my name on the lawsuit and how do I stop it? What documents can I send them proving I am not responsible?

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Click here to view the Terms of Service section on verifications. Answer Submit this Q&A as an Expert Test Question 3/21/2011 at 12:34 PM (50 minutes and 52 seconds later) Your name is XXXXX XXXXX lawsuit because your name appears on the deed to the house. They can't foreclose on the house if your name is XXXXX XXXXX deed. The loan document itself should be enough that you are not obligated on the loan. However you are still liable in terms of taking the house unless you remove your name from the deed.


_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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Customer reply replied 6 years ago
Thanks alot, you've been helpful.
My pleasure, I wish you all the best.
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